|TREVDAN BUILDING SUPPLY v. TOLL BROTHERS, INC. T/D/B/A TOLL BROS., INC., TOLL PA IV LP, TOLL PA VI LP, AND ITS RELATED ENTITIES, MEMBERS, PARTNERS, AND SUBSIDIARIES,GULF COAST BANK AND TRUST COMPANY D/B/A GULF COAST BUSINESS CREDIT v. TOLL BROTHERS, INC. |
No. 404 EDA 2009 2010 PA Super 100 Atlantic: n/a Filed: 5/28/2010
|Appeal from the Order Entered January 14, 2009,|
In the Court of Common Pleas of Montgomery County,
Civil Division, at No(s): 05-24499.
|Before: STEVENS and BOWES, JJ., and McEWEN, P.J.E.|
|Opinion by: BOWES, J.|
|Trevdan Building Supply (“Trevdan”) appeals from the order granting the counter-petition for payment in an interpleader proceeding filed by Gulf Coast Bank and Trust Company d/b/a Gulf Coast Business Credit (“Gulf Coast”). That same order divided the interpleaded funds totaling $118,934.00 as follows: Gulf Coast was awarded $89,194.00; Toll Brothers, Inc. (“Toll Brothers”) received $15,000.00 for attorneys’ fees; and Trevdan was granted the remaining $14,740.00. We reverse and remand with directions. We also deny Gulf Coast’s motion for sanctions.|